Samuel Koodal vs State Of Kerala And Anr

This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

The petitioner is the accused in Crime No. 1159/2020 of Aluva East Police Station, Ernakulam District. The above case is registered against the

petitioner alleging offences punishable under Sections 509 and 295 of the Indian Penal Code (IPC).

The prosecution case is that, the petitioner made some comments about the nuns in general in YouTube channel of the petitioner bearing name

“Samuelinte Suvisheeshangalâ€​.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner submitted that, even if the entire allegations are accepted, the offence under Section 295 IPC is not made out.

The learned counsel for the petitioner submitted that, there is no criminal antecedents to the petitioner. The learned counsel for the petitioner submitted

that, the petitioner is aged 74 years and he is ready to abide any conditions, if this Court grant him bail.

The learned Public Prosecutor opposed the bail application. But, the learned Public Prosecutor conceded that, there is no criminal antecedents

reported against the petitioner.

After hearing both sides, I think this bail application can be allowed on stringent conditions. Of course, the allegations against the petitioner is very

serious. But it is a matter to be investigated by the Investigating Officer. The learned counsel for the petitioner submitted that, he will co-operate with

the investigation. Considering the entire aspects and considering the age of the petitioner and also considering the fact that there is no criminal

antecedents reported against the petitioner, I think this bail application can be allowed on stringent conditions. I make it clear that, if any similar

offences is committed by the petitioner, the Investigating Officer is free to approach the court below to cancel the bail and the court below is free to

pass orders on it, even though this bail order is passed by this Court. Considering the entire facts and circumstance of the case, I think this bail

application can be allowed on stringent conditions.

Moreover, considering the need to follow social distancing norms inside prisons so as to avert the spread of the novel Corona Virus Pandemic, the

Hon'ble Supreme Court in Re: Contagion of COVID-19 Virus In Prisons case (Suo Motu Writ Petition(C) No.1 of 2020) and a Full Bench of this

Court in W.P(C)No.9400 of 2020 issued various salutary directions for minimizing the number of inmates inside prisons.

Moreover, it is a well accepted principle that, the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram P. v.

Directorate of Enforcement (2019 (16) SCALE 870,) after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail

remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that, the accused has the opportunity of securing

fair trial.

Considering the dictum laid down in the above decision and considering the facts and circumstances of this case, this Bail Application is allowed

with the following directions:

The petitioner shall appear before the Investigating Officer within ten days from today and shall undergo interrogation;

After interrogation, if the Investigating Officer proposes to arrest the petitioner, he shall be released on bail executing a bond for a sum of

Rs.50,000/-(Rupees Fifty Thousand only) with two solvent sureties each for the like sum to the satisfaction of the officer concerned;

The petitioner shall appear before the Investigating Officer for interrogation as and when required. The petitioner shall co-operate with the

investigation and shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the Court or to any police officer;

The petitioner shall not leave India without permission of the Court;

The petitioner shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected;

The petitioner shall strictly abide by the various guidelines issued by the State Government and Central Government with respect to keeping of

social distancing in the wake of Covid 19 pandemic.

If any of the above conditions are violated by the petitioner, the jurisdictional Court can cancel the bail in accordance to law, even though the bail is

granted by this Court.